Human Rights in Papua

The Biak Massacre Citizens Tribunal

The Department for Internal Affairs (DEPDAGRI) through the National Women Commission (KOMNAS Perempuan) has shared information on the local regulation PERDASUS No. 1 / 2011 on the Restoration of the Rights of Papuan Female Victims of Violence and Human Rights Violations. Even though the law had already been passed under former Governor Syamsul Arief Rivai on 3 August 2011, civil society activists had not been informed about the adoption of the law until early April 2017. The regulation provides detailed descriptions and definitions of various forms of violence (Article 2) and human rights violations against women (Article 3:), with particular reference to discrimination, forms of slavery or human trafficking including prostitution, forced marriage and forced sterilization. Furthermore, it defines the rights of female victims, which includes their restoration through restitution, rehabilitation and compensation, as well as the victim's right to truth and justice.

The regulation also stipulates the local government's responsibilities under articles 10 and 11, stating that regency governments should adopt further local regulations on female victims' rights, establish and support the formation of a Special Commission for the Restoration of Victims and facilitate churches and NGOs in their effort to support female victims of violence and human rights violations. The Special Commission for the Restoration of Victims is planned to have their headquarters in Jayapura and should consist of 15 members of the Papuan Peoples Assembly (MRP), the provincial Parliament (DPR-P), customary and religious institutions, government institutions and civil society. Major responsibilities of the commission will be in the field of documentation, networking, training, consultation, awareness-raising, making recommendations to law enforcement institution and creating effective mechanisms for victims. Article 22 (2) suggests that the Special Commission will receive funds from local regency governments with a minimum of 3% of their special autonomy shares. 60 % of the institutions' budget should be allocated for the support victims and their families.

So far, there is no information available to what extend the regulation has already been implemented on the ground. However, the past has shown that the implementation of laws is often lacking and formation of commissions, such as Truth and Reconciliation Commissions (KKR), only exist on paper.